Mistake puts DUI cases in jeopardy

The Texas Department of Public Safety is taking one of its forensic analysts off cases across Texas.

A statement sent to News 8 reads, "DPS has removed [Chris] Youngkin from case work pending administrative decisions on his future with the department."

As seen in a Quality Action Plan sent by district attorney's offices, Chris Youngkin admitted to a mistake he made while analyzing blood. In the report it reads "tubes were switched" in a 2013 Driving Under the Influence (DUI) case.

Chris Youngkin

Disclosure notices of the incident were sent to a defense attorney with cases involving Youngkin in counties across North Texas.

Defense attorneys like Hunter Biederman is asking why it took so long to fully disclose the incident.

The Dallas and Denton District Attorney's Offices gave notification earlier this year. Collin County gave notice of the incident several weeks ago.

Biederman also argues Youngkin gave conflicting statements on the stand about that incident in future DUI cases.

"We had an opportunity to have three different DAs see our cross examination of Mr. Youngkin and realize he wasn't a credible witness," said Biederman.

DPS put out this statement on Friday:

"...while truthful in his responses regarding a 2013 reporting error, he was not fully straightforward in the manner in which he handled the related questioning by defense attorneys in trials and in this week’s deposition."

Defense attorneys across North Texas are now seeing if Youngkin handled blood evidence in their past DUI cases. It could have an effect on one man's case. He pleaded guilty to DUI months back. News 8 is protecting his identity because he's seeking an appeal.

"How can you trust anything this guy has ever touched?" he asked.

DPS says the blood in any of Youngkin's cases that are pending will be reanalyzed, but Biederman says that's a problem.

"That blood is tainted now. He's part of the chain of custody and any case that goes forward potentially he's gonna be a part of," said the attorney. "If we had other witnesses that weren't straight forward, there's a chance they'd be in handcuffs right now."

He is asking for a special prosecutor to look into this. DPS says it will conduct its own administrative review of Mr. Youngkin.

Calls after hours were made to the Collin County DA's Office and News 8 is hoping for comment.